Tag Archives: owi penalties

If you are charged with OWI in Michigan, the penalties are tough including up to 93 days in jail, $500 in fines plus costs of prosecution and arrest, 180 days suspended license with the first 30 days being a “hard suspension” (no driving at all), six points on your driving record, 45 days community service, and possible ignition interlock. Defendants charged with a High BAC or “Superdrunk” face heightened punishment. If you are driving while intoxicated with a child in the car, the penalties are much worse.

If convicted of driving while intoxicated with a passenger in the vehicle that is under 16 years of age, the driver faces the following penalties:

First Offense Child Endangerment OWI

A minimum of five days in jail up to one-year (all but two days can be suspended)

$200-1,000 in fines

30-90 days community service

180 days suspended license; 90 days “hard suspension”

$1,000 in driver responsibility fees ($500 for two consecutive years)

Possible vehicle immobilization up to 180 days

Second Offense Child Endangerment OWI

One to five years in prison

$500-5,000 in fines

30-365 days community service

Vehicle immobilization one to three years unless forfeited

OR

30 days to one year in jail plus probation

$500-5,000 in fines

60-180 days community service

Vehicle immobilization one to three years unless forfeited

Underage Driving Child Endangerment OWI

As part of Michigan’s “zero tolerance” laws, if someone under 21 is driving a car with a blood alcohol content (BAC) of .02 or greater or any amount AND has a passenger under 16 years of age, he faces the following penalties:

First Offense Under 21 Driving Child Endangerment OWI

Up to 93 days in jail

$500 in fines

60 days community service

Second Offense Under 21 Driving Child Endangerment OWI

Five days to one years in jail (at least two days are mandatory and cannot be suspended)

$200-1,000 in fines

30-90 days community service

Multiple Counts for Multiple Children

If there is more than passenger under the age of 16, the driver can be charged with multiple counts of Child Endangerment OWI because it passes the “multiple harms test” meaning there are no Fifth Amendment violations against double jeopardy.

Any OWI charge is serious, but if there are underage passengers, the stakes get even higher and negotiations a lot tougher. If you have been charged with Child Endangerment OWI, you need to have an experienced DUI attorney on your side to review your case and fight for the best possible outcome. Call Austin Legal Services, PLC today at (517) 614-1983 to speak to our Michigan OWI attorney.

In 2010, Michigan’s Operating While Intoxicated (OWI) statute was amended to include a classification for first-time drunk driving offenders with an elevated blood alcohol content (BAC). It is called being charged as a High BAC or “Superdrunk.” Now, if you have a BAC of .17 or above the state (and now municipalities) can subject first-time DUI defendants to heightened punishment. It basically doubles the possible punishments of the first offense OWI. Essentially even though it is your first offense, you will be facing penalties as if it was your second offense OWI. Many states and jurisdictions have enacted similar statutes that are called aggravated DUIs.

Penalties:

180 days in jail (93 days for OWI 1st)

$200-700 in fines ($100-500 for OWI 1st)

One-year driver’s license suspension; restrictions after 45 days with ignition interlock (six months suspended and restricted after 30 days for OWI 1st)

360 hours of community service

Vehicle immobilization up to 180 days

Six points on your driving record

One year alcohol rehabilitation

$2,000 in driver responsibility fees ($1,000 per year for two consecutive years)

The stakes are much higher with the High BAC charge in more ways than one. Not only are the penalties more severe and the financial costs higher, but plea negotiations are much tougher as well. If a driver was charged with OWI 1st, most jurisdictions will at least offer a reduction to Operating While Visibly Impaired (OWVI) or “Impaired Driving.” While it is still an alcohol-related offense, it does have its merits, particularly if there are no issues with the case that could get a better reduction or dismissal. Impaired Driving is less expensive, less points (which means your insurance won’t go up as much), and it automatically comes with restricted driving privileges.

With the High BAC charge, even if they reduce it down a notch to just a regular OWI, you still get the same amount of points on your license, same driver’s responsibility fees, and you still lose your license completely (no driving at all!) for a period of time. You have two options and neither one is good- one just isn’t quite as bad as the other one. If convicted of a High BAC, not only do you lose your license and have to install an ignition interlock or breathalyzer (which costs approximately $75-125/month) but your chances of going to jail are more likely. Plus, many prosecutors have adopted policies against plea bargains on High BAC charges thus forcing defendants to plead “on the nose” or take it trial. Even though there is strategically no reason not to take it to trial in that case, most defendants still opt for the plea due to the cost and time of trial and to merely get it over with. If there was an accident or property damage, almost assuredly no prosecutor will reduce the charge. No matter how you look at it, your options when facing a “super drunk” charge just aren’t good.

That is where having an experienced OWI attorney comes in to the picture. With the stakes higher and the options fewer, you need someone experienced in defending against drunk driving charges more than ever. The stop of the vehicle needs to be reviewed to determine if the police had reasonable suspicion to pull you over. Then the police reports and cruiser cam videos must be thoroughly reviewed to see if the police had probable cause to arrest you. Often this is done after the officer has observed so-called behaviors or mannerisms indicating intoxication or administering field sobriety tests. Usually the last thing the officer does is give the driver a roadside PBT giving an approximation of the driver’s BAC. Then the driver is taken to the police station where an evidential breath test is given. Sometimes a blood draw is taken instead if the DataMaster operator is not available or the driver has been in an accident and taken to the hospital for treatment.

There are many rules governing the procedures of how these critical tests are administered and can only be administered by someone trained and certified to do so. Certification credentials should always be requested as well as calibration records and maintenance logs for the evidential breath test. The breath test room video is critical as well because there must be a 15-minute observation period to make sure the driver has not regurgitated or placed anything inside the mouth.

A lot of variables factor into a DUI case. It is of the utmost importance that they be thoroughly scrutinized, especially with a High BAC charge. Only an experienced OWI attorney can determine the best course of action—whether it’s forcing the prosecutor to offer a better plea bargain, get the case dismissed with a motion, or take the matter to trial. You should always consult with an attorney before making a decision on any DUI charge, especially a super drunk charge. Look for an attorney that makes DUI defense a substantial part of their practice. What you don’t want is the general practitioner, someone who occasionally “dabbles” in DUI defense, or even worse the lowest bidder who will do nothing than look at the police report and plead you out the first chance he gets regardless of whether it’s in your best interests or not.

If you are facing a High BAC charge, contact our Michigan OWI lawyer today at Austin Legal Services, PLC at (517) 614-1983.

Lansing Michigan OWI Attorney

If This is Your First Drunk Driving Offense in Michigan You Can be Charged With:

Operating While Intoxicated (OWI) 1st

Operating While Intoxicated with a High BAC, or “Super Drunk”

Operating While Visibly Impaired (OWVI), aka Impaired Driving

Under 21 Operating with any BAC

Operating While Intoxicated (OWI) is when you are operating a motor vehicle on a public roadway with a blood alcohol content (BAC) of .08 or greater, the presence of any Scheduled I Controlled Substance or Marijuana, or if any medication has substantially impacted your ability to safely operate the car.

The High BAC or “Super Drunk” is the most recent drunk driving legislation which took effect Halloween 2010. It has the same elements of the OWI except the BAC must be .17 or greater which effectively doubles the penalties.

Operating While Visibly Impaired, or Impaired Driving, does not require any particular BAC. The prosecution would instead have to prove that it was evident upon viewing that the driver was intoxicated or too impaired to safely drive a car. This can be quite difficult to prove which is why it is rarely used as the original charge. It is most often used as a “lesser include offense” option at jury trials and is the most frequent plea bargain for first offense OWI.

Under 21 Operating With any BAC is part of Michigan’s “zero tolerance” for dealing with anyone who drives a car under the age of 21 with any amount of alcohol in their system.

Various Penalties for First Offense Michigan Drunk Driving Charges

Operating While Intoxicated (OWI)

93 days in jail

One-year probation

$500 fine plus court costs

45 days of community service

Possible ignition interlock or vehicle immobilization

Six points on your driving record

30 days suspended license, 150 days of restrictions

$2,000 in Driver’s Responsibility Fees ($1,000 for two consecutive years) for OWI

$1,000 in Driver’s Responsibility Fees ($500 for two consecutive years) for OWPD

Operating While Visibly Impaired (OWVI)

93 days in jail

One-year probation

$300 fine plus court costs

45 days community service

Possible ignition interlock or vehicle immobilization

Four points on your driving record

90 days restricted license (180 days if impaired by a controlled substance)

$1,000 in Driver’s Responsibility Fees ($500 for two consecutive years)

High BAC or Super Drunk

180 days in jail

$200-700 in fines plus court costs

45 days community service

One-year suspended license with eligibility for a suspended license after 45 days if an ignition interlock is installed

Six points on your driving record

$2,000 in Driver’s Responsibility Fees ($1,000 for two consecutive years)

Under 21 Operating With Any BAC

$500 fine plus court costs

45 days community service

30 days restricted license

Four points on your driving record

$1,000 in Driver Responsibility Fees ($500 for two consecutive years)

When to Accept a Plea Offer

The case against you is strong and the likelihood of conviction is great

The plea offer will reduce or lessen the penalties against you (ex. Impaired Driving as opposed to OWI will allow you a restricted as opposed to a suspended license, less points on your driving record, less driver’s responsibility fees)

The plea offer is a non-alcohol related offense such as Reckless Driving or Careless Driving (even though Reckless Driving monetarily hurts more, the stigma is not as great as it relates to future employers, housing, and college applications)

When to go to Trial

The case against you is weak and you believe the prosecutor will have a difficult time proving one or more of the elements beyond a reasonable doubt (especially if you have gotten some key evidence suppressed)

The offer isn’t good (when charged with High BAC or Super Drunk, often the offer is to plead to the charge or to regular OWI, both of which result in an automatic suspended license)

There is no plea offer (some jurisdictions refuse to plea bargain even first offense OWIs so essentially you have nothing to lose by going to trial)

Any plea offer will negatively impact your career (i.e. driving is your career or an essential part of your job)

The plea offer will negatively impact your schooling (your scholarship may be revoked or you may be denied acceptance into certain schools or graduate studies)

Collateral Consequences of a DUI

Aside from the penalties opposed by statute, there are a lot of collateral consequences to DUIs as well such as:

Higher insurance premiums

Getting fired or demoted from certain jobs or careers

Restricted traveling—some countries may not allow you entrance if you have been convicted or are currently on probation for a DUI

Schooling—you may be denied admittance to certain professional schools or your scholarships may be revoked

Citizenship—a DUI conviction could have an effect on your citizenship status or your VISA

Any decision on whether to go to trial or accept a plea offer should only be made after consulting with an experienced Michigan DUI attorney who has thoroughly reviewed your case and discussed all possibilities and pros and cons of your options. Too much is at stake to take the matter lightly or to handle it on your own. The money you spend on a good DUI or OWI attorney will be a wise investment that pays dividends.

If you have been charged with OWI, call Austin Legal Services, PLC at (517) 614-1983 today to discuss your case with a Michigan OWI attorney.